To protect public health and safety should the testing of nuclear
weapons by the United States be resumed.

IN THE HOUSE OF REPRESENTATIVES

April 12, 2011

Mr. MATHESON introduced the following bill; which was referred to the Committee
on Armed Services, and in addition to the Committees on Energy and Commerce
and Natural Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned

A BILL

To protect public health and safety should the testing of nuclear
weapons by the United States be resumed.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Safety for Americans from Nuclear Weapons Testing
Act'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) From 1951 until 1992, the United States conducted over 900 nuclear weapons
tests at the Nevada Test Site (now referred to as the `Nevada National Security
Site').

(2) Of those tests, 100 exploded above ground and approximately one-fourth
of those were bigger than the bomb dropped on Hiroshima, Japan.

(3) The remaining 804 tests were detonated underground, yet many of these
tests also released significant amounts of radioactive fallout into the
atmosphere. The Shot Baneberry, detonated in 1970, was buried 900 feet below
ground but radioactive debris erupted 10,000 feet into the air.

(5) These research findings were not released until 1979. In the meantime,
American citizens were never warned about the likelihood of contamination
in areas downwind of the blasts nor were they alerted to adverse health
effects associated with radiation exposure.

(6) During the 1980s, public pressure forced the Federal Government to address
surprisingly high rates of cancer and other illnesses among people exposed
to radioactive fallout, commonly known as `downwinders,' which led to the
passage of the Radiation Exposure Compensation Act in 1990.

(7) To date, only one comprehensive radiation exposure study of an isotope,
iodine-131, has been conducted and released. Iodine-131 is only one of more
than 150 radionuclides released by the tests to which the American people
were exposed.

(8) This same radioactive fallout study, conducted by the National Cancer
Institute, shows that exposure was not limited to residents of Nevada and
Utah. Extensive radiation exposure has been documented in all of the contiguous
48 States, with some counties in the Midwest and the eastern United States
receiving more fallout than some areas directly downwind of the Nevada National
Security Site.

(9) The United States has engaged in a moratorium on nuclear weapons testing
since 1992. However, the United States might in the future decide to resume
nuclear weapons testing.

(10) Before any resumption of nuclear weapons testing, the American public
deserves much greater accountability from the Federal Government with respect
to the health and safety aspects of nuclear weapons testing.

(11) Therefore, the Federal Government must ensure public safety in the
event of future nuclear weapons tests through a thorough analysis of the
environmental effects of testing, public notification, comprehensive and
independent test monitoring, and extensive health research efforts.

(a) In General- Each of the actions described in subsection (b) by a Federal
agency is deemed to be a major Federal action significantly affecting the
quality of the human environment for which a separate detailed environmental
impact statement is required under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332).

(b) Actions Described- The actions referred to in subsection (a) are the following:

(1) Any action having as a purpose the resumption of testing of one or more
nuclear weapons at the Nevada National Security Site.

(2) Use of a location other than the Nevada National Security Site for testing
of a nuclear weapon.

(c) Included Information-

(1) IN GENERAL- The head of a Federal agency shall include in the environmental
impact statement prepared for an action described in subsection (b) a detailed
description of--

(A) the possibility of radiation containment failure as a result of the
action and the effects of such containment failure; and

(B) possible long-term effects on the water table from underground radiation
leakage resulting from the action.

(2) INFORMATION FOR CATEGORIES OF WEAPONS- In the case of an action described
in subsection (b) that is expected to result in the testing of more than
one nuclear weapon, the description required under paragraph (1) shall be
included, separately, with respect to each of the following 3 classes of
weapons that might be the subject of such tests:

(A) Weapons having a yield of less than 15 kilotons.

(B) Weapons having a yield of not less than 15 kilotons and not greater
than 50 kilotons.

(C) Weapons having a yield greater than 50 kilotons.

(d) Availability of Statements- The head of a Federal agency that carries
out an action described in subsection (b)--

(1) shall make publicly available the detailed statement required for the
action under section 102(2)(C) of the National Environmental Policy Act
of 1969, notwithstanding the existence of a classified annex for the statement;
and

(2) shall submit to the Congress each classified annex to such a statement.

(e) Existing Statements Not Sufficient- Any statement prepared before the
date of the enactment of this Act shall not be treated as the statement required
by section 102(2)(C) of the National Environmental Policy Act of 1969 with
respect to an action described in subsection (b).

The United States may not resume testing of nuclear weapons unless authorized
by a law enacted after the date of the enactment of this Act.

SEC. 5. PUBLIC NOTICE REQUIREMENTS.

(a) Advance Public Notice of Each Test-

(1) IN GENERAL- The United States may not carry out a test of a nuclear
weapon unless, for each such test, the President first provides, not less
than 7 days before the date of the test, public notice of each of the following:

(A) The fact that such a test is to be carried out.

(B) The date and approximate time of the test.

(C) The location of the test, including specific longitude and latitude.

(2) REVISIONS- To the extent any information provided pursuant to paragraph
(1) changes, the President shall promptly provide public notice of the changes
and of any other information necessary to comply with paragraph (1).

(b) Prompt Notice of Each Release of Radiation Beyond Nevada National Security
Site- Whenever a test of a nuclear weapon by the United States results in
a release of radiation beyond the boundaries of the Nevada National Security
Site, the Secretary of Energy shall provide public notice of each of the following
within one hour of detection of such radiation outside the boundaries of the
Nevada National Security Site:

(1) The actual date, time, and location of the test.

(2) The fact that such a test has resulted in such a release.

(3) The nature and extent of the release, including a list of areas potentially
at risk from radionuclides, with determination of risk based on such factors
as atmospheric conditions and the quantity of radionuclides released.

(c) Rule of Construction- The requirements of subsections (a) and (b) shall
apply notwithstanding any provision of law that would otherwise require or
permit the information to not be made public.

(d) Public Meeting Requirement- After an underground nuclear test is conducted,
the Secretary of Energy shall hold public meetings in southern Utah, Arizona,
and Nevada to discuss the details of the test, including the nature and extent
of any release of radiation as a result of the test.

SEC. 6. STUDY ON SAFETY AND HEALTH OF CITIZENS IN THE VICINITY OF THE NEVADA
NATIONAL SECURITY SITE.

Not later than one year after the date of the enactment of this Act, the National
Academy of Sciences shall, for purposes of obtaining an independent analysis
of the safety, health, and environmental issues related to underground nuclear
testing and ensuring the safety and health of citizens who live near the Nevada
National Security Site, complete a study on the safety, health, and environmental
measures that the National Nuclear Security Administration has taken with
respect to underground nuclear testing. The study shall also recommend additional
measures that might be taken, if required, to ensure the safety and health
of such citizens.

SEC. 7. NEVADA NATIONAL SECURITY SITE CITIZENS REVIEW BOARD.

(a) Establishment- Not later than 180 days after the date of the enactment
of this Act, the Secretary of Energy shall establish a Nevada National Security
Site Citizens Review Board (hereafter in this section referred to as the `Board')
to address environmental, health, and safety issues related to nuclear testing
at the Nevada National Security Site.

(b) Membership-

(1) IN GENERAL- The Board shall be composed of nine members appointed by
the Secretary of Energy, of whom--

(A) three members shall be citizens of Nevada, of whom--

(i) one shall be a State official with expertise in the fields of environmental
safety, health, or air quality; and

(ii) two shall be community representatives;

(B) three members shall be citizens of Arizona, of whom--

(i) one shall be a State official with expertise in the fields of environmental
safety, health, or air quality; and

(ii) two shall be community representatives; and

(C) three members shall be citizens of Utah, of whom--

(i) one shall be a State official with expertise in the fields of environmental
safety, health, or air quality; and

(ii) two shall be community representatives.

(2) RECOMMENDATIONS FOR APPOINTMENTS-

(A) NEVADA- The members of the Board appointed under paragraph (1)(A)
shall be appointed from among any individuals that are recommended for
such appointment by the chief executive officer of the State of Nevada.

(B) ARIZONA- The members of the Board appointed under paragraph (1)(B)
shall be appointed from among any individuals that are recommended for
such appointment by the chief executive officer of the State of Arizona.

(C) UTAH- The members of the Board appointed under paragraph (1)(C) shall
be appointed from among any individuals that are recommended for such
appointment by the chief executive officer of the State of Utah pursuant
to such recommendations as have been made jointly by the Five County Association
of Governments and the Six County Association of Governments, Utah.

(c) Meetings-

(1) IN GENERAL- The Board shall meet annually, together with the Nevada
National Security Site Office Manager, to discuss environmental, health,
and safety issues at the Nevada National Security Site.

(2) REVIEW OF PROPOSED NUCLEAR TESTS- The Board shall meet not later than
180 days prior to any proposed nuclear test at the Nevada National Security
Site to discuss environmental, health, and safety issues related to such
proposed test.

SEC. 8. GRANT PROGRAM FOR INDEPENDENT RADIATION MONITORING.

(a) Grants Authorized- From amounts made available to carry out this section,
the Secretary of Homeland Security, acting through the Office for Domestic
Preparedness, shall carry out a program under which the Secretary makes grants
to institutions of higher education for use by those institutions only to
acquire radiation detection equipment and sensors and, for a period of 10
years thereafter, to maintain and operate such equipment and sensors.

(b) Preference- In making grants under this section, the Secretary shall give
preference to institutions in those States that received high levels of fallout
from nuclear weapons tests, as determined by data collected by the National
Cancer Institute.

(c) Conditions- As a condition of receiving a grant, the institution shall,
whenever the United States carries out a test of a nuclear weapon during the
period referred to in subsection (a)--

(1) use the equipment and sensors to carry out monitoring to determine the
nature and amount of any radiation from the test that reaches such sensors;
and

(2) ensure that all information on radiation obtained through monitoring
under paragraph (1) is made available to the public.

SEC. 9. MONITORING OF RELEASES OF RADIATION INTO THE ATMOSPHERE.

(a) Monitoring by DOE and EPA- Whenever the United States carries out a test
of a nuclear weapon, monitoring to determine the nature and extent of any
radiation released into the atmosphere shall be carried out by--

(1) the Secretary of Energy, using--

(A) all available monitoring systems of the Department of Energy located
on or off the test site; and

(B) any other complementary monitoring system located off the test site
that is made available to the Secretary by the head of any other element
of the Federal Government; and

(2) the Administrator of the Environmental Protection Agency, using one
or more monitoring systems and in consultation with the head of any other
element of the Federal Government with a monitoring system located off the
test site.

(b) DOE Assessment of Containment- For each test, the Secretary of Energy
shall assess and evaluate the containment of radiation, both before and after
the test.

(c) Monitoring Stations- The Secretary of Energy shall ensure that, not later
than one year after the date of the enactment of this Act, there shall be
at least one monitoring station that is established and operational in each
county of the State of Utah that has requested such a monitoring station as
of that date.

(d) EPA Monitoring-

(1) IN GENERAL- The monitoring under subsection (a)(2) by the Administrator
of the Environmental Protection Agency shall use a combination of temporary
ground sensors, permanent ground sensors, and airborne sensors.

(3) PLACEMENT- The Administrator of the Environmental Protection Agency
shall determine the locations for the sensors required by paragraph (1)
in consultation with the Administrator of the National Oceanic and Atmospheric
Administration, the head of any other element of the Federal Government
with a suitable monitoring system located off the test site, and the head
of any other element of the Federal Government that the Administrator of
the Environmental Protection Agency considers appropriate. The determinations
shall be based on proximity to major agricultural zones, population centers,
public water resources, and areas with high levels of fallout from previous
tests.

(e) Public Notice of Monitoring Data- The Secretary and the Administrator
of the Environmental Protection Agency each shall ensure that all information
on radiation obtained through monitoring under subsection (a) is made available
to the public on the Internet as soon as available, and in any event not more
than 24 hours after such information is collected.

(f) Finding of Release- If, in monitoring any such test, the head of any element
of the Federal Government determines that a release of radiation beyond the
boundaries of the Nevada National Security Site has occurred--

(1) the Administrator of the Environmental Protection Agency shall immediately
submit a report to Congress providing notice of that determination;

(2) the United States shall stop all testing of all nuclear weapons, except
as otherwise provided in an Act enacted after the date of the test; and

(3) the Attorney General shall carry out a program, substantially similar
to the program under section 4 of the Radiation Exposure Compensation Act
(42 U.S.C. 2210 note), under which compensation is provided to individuals
adversely affected by that release of radiation.

SEC. 10. ESTABLISHMENT OF THE CENTER FOR THE STUDY OF RADIATION AND HUMAN
HEALTH.

(a) Establishment- From amounts made available to carry out this section,
the Director of the National Institutes of Health shall make a grant to a
university or a consortium of universities located in the intermountain west
region of the United States to establish, maintain, and operate a center described
in subsection (b), to be known as the National Center for the Study of Radiation
and Human Health.

(b) Activities- The activities of the National Center for the Study of Radiation
and Human Health shall include the following:

(1) Awarding grants to institutions of higher education for research on
the relationship between radiation and human health, including any health
effects or illness related to exposure to particular radioactive isotopes.

(2) Studying the relationship between radiation and human health, including
fallout data collection.

(3) Coordinating efforts relating to research on radiation and human health.

(4) Collecting, maintaining, and making available to the public by means
of the Internet an archive of fallout data and human health effects data.

(c) Report- The National Center for the Study of Radiation and Human Health
shall submit to Congress, and make available to the public, an annual report
on the activities of the Center.

(d) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to carry out this section.

SEC. 11. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR WEAPONS TESTS.

Not later than 3 years after the date of the enactment of this Act, the Secretary
of Health and Human Services, acting through the Director of the National
Cancer Institute, shall--

(1) complete a study to estimate the dose of all radionuclides received
by the United States population as a result of exposure to nuclear weapons
tests conducted in the United States;

(2) disaggregate the results of such study by organ, by radionuclide, and
by demographic variables;

(3) submit a report to Congress on the results of such study; and

(4) make such results publicly available.

SEC. 12. NEVADA TEST SITE REFERENCE.

Except as otherwise provided, any reference to the `Nevada Test Site' in this
Act or any other law shall be deemed to be a reference to the `Nevada National
Security Site'.

SEC. 13. DEFINITION.

For purposes of this Act, the term `nuclear weapon' includes other nuclear
explosive devices producing a nuclear yield.